New Pa. law requires more school clearances

MORNING CALL FILE PHOTO

A new state child protective services law that goes into effect on Dec. 31 expands background checks for school volunteers and requires school employees, independent school contractors and volunteers in direct contact with children to update clearances every 36 months.

A new state child protective services law that goes into effect on Dec. 31 expands background checks for school volunteers and requires school employees, independent school contractors and volunteers in direct contact with children to update clearances every 36 months. (MORNING CALL FILE PHOTO)

Eleanor ChuteOf The Pittsburgh Post-Gazette

New Pa. law requires more school clearances

If parents want to help out at their child's holiday party at school, do they need to undergo a criminal background check first?

This question and others about the line between volunteer and visitor might become more difficult to answer starting Wednesday, when a new state child protective services law takes effect.

The law, among other things, expands background checks for school volunteers and requires school employees, independent school contractors and volunteers in direct contact with children to update clearances every 36 months.

It also spells out the duties of teachers and other "mandated reporters" in reporting suspected child abuse and the criminal penalties if they fail to do so.

Besides schools, the law covers a wide array of other fields, ranging from dentists to funeral directors.

"We're making sure children who are receiving care are protected," said Cathy Utz, acting deputy secretary for children, youth and families in the state Department of Human Services.

The law, which Gov. Tom Corbett signed in October, combines 21 pieces of legislation, most of which will take effect on Wednesday, according to the Pennsylvania School Boards Association.

While some school districts already require that certain volunteers receive clearances, the state does not require that they do so. The new law requires background checks of unpaid volunteers who are "responsible for the welfare of a child or having direct contact with children."

The law defines direct contact as the "care, supervision, guidance or control of children or routine interaction with children."

The state will be providing guidance on the law. Stephen Fisher, director of school services for the state Department of Education, said it will be necessary to distinguish between school visitors and school volunteers.

Solicitors in districts throughout the commonwealth might have different interpretations of the law. Some school boards also might pass policies stricter than the state law, adding to the variations.

Katherine Fitzgerald, deputy general counsel, member services, of the Pennsylvania School Boards Association, said school districts are reviewing their polices and bringing them up to date.

"I think it's going to depend district by district how they define volunteer," she said.

Given the holiday party example, Utz said, "You have to look at the role of the person. If the role of that person is to be there and be responsible for children and interact directly with children, then I think that applies."

While some districts have considered whether a teacher was in the classroom for determining the need for clearances, Utz said the key is the role of the visitor or volunteer, not whether a teacher is present.

She said parents picking up children at day care centers don't need background checks even though they may interact with other children.

"They're not responsible for the child's welfare or providing direct contact. They're there for the purpose of picking up their child. ... You have to look at that and exercise some common sense."

Parents still will be able to go to their child's concerts or observe their child's classroom, or grandparents can go to grandparents day without background checks under the new state law, Ms. Utz said.

There are three types of background checks: child abuse, state police and FBI. School employees and independent school contractors who are in direct contact with children or are responsible for them must get all three. Combined, they cost $48.75.

Volunteers must get the child abuse and state police checks, but the FBI check, which includes fingerprinting, isn't mandated for volunteers if they can prove they have lived in Pennsylvania for at least a decade and sign an affidavit that they did not commit crimes elsewhere. However, school districts may choose to require all of the clearances for volunteers.

Some school districts already require some or all of the clearances for volunteers. Some also are using screening programs at the door for all visitors or volunteers who enter during the school day.

Amanda Hartle, spokeswoman for the North Hills School District, said she believes her district already is in compliance with the new law.

The district requires all volunteers who spend time with students on a scheduled basis or are in the room any time a district employee isn't present to have all three clearances.

She said party parents are classified as visitors, not volunteers. The district uses the Raptor computer program to screen driver's licenses of visitors and volunteers to elementary schools to see whether they are on the Megan's Law list of sex offenders.

The board of Pittsburgh Public Schools is expected to vote Wednesday on a revision to its clearance policy. The version that the board reviewed would allow volunteers to skip the FBI check if they meet the residency and affidavit requirements.

For school employees, volunteers and independent school contractors required to have clearances, the new law requires the checks to be done every 36 months. Under the current law, an initial screening was enough for school employees and school contractors.

According to the PSBA, new volunteers will have to have clearances, effective Dec. 31. Existing volunteers who don't have clearances will be required to get them by July 1, or, if their clearances will be more than three years old by then, they will have to get new ones before July 1.

Linda Hippert, executive director of the Allegheny Intermediate Unit, said she is seeking more guidance from the state on some aspects of the law. She noted there is uncertainty among school officials as to the timeline for securing clearances for some school employees who were not previously required to have some or all of them.

The new law has a broader definition of child abuse.

Under the current law, a child must be severely injured, such as a broken bone or laceration, for it to be a case of child abuse, Utz said.

Under the new law, "If you leave a bruise on a child as a teacher or school employee, that now could be considered child abuse," she said.

The new law also requires regular training for mandated reporters, who are people in certain fields who must report suspected child abuse or face criminal penalties spelled out in the law. The state is making online training available to mandated reporters.